Austin American-Statesman

Nominee's accuser could still testify

Attorney says Ford might talk next week, if conditions are met.

- By John Wagner and Seung Min Kim

WASHINGTON — An attorney for Christine Blasey Ford, the woman who is accusing Supreme Court nominee Brett Kavanaugh of sexually assaulting her when they were teenagers, said Thursday that her appearing at a hearing on Monday to detail her claims is “not possible” but she could testify later in the week.

Kavanaugh, who’s been eager to testify, said he was ready to appear Monday.

“I will be there,” he wrote in a letter to Senate Judiciary Committee chairman Charles Grassley of Iowa. “I continue to want a hearing as soon as possible, so that I can clear my name.”

Debra Katz, Ford’s lawyer, relayed the response to top staffers on the Judiciary Committee on Thursday, requesting to set up a call with them to “discuss the conditions under which (Ford) would be prepared to testify next week.”

“As you are aware, she’s been receiving death threats which have been reported to the FBI and she and her family have been forced out of their home,” Katz wrote to the committee. “She wishes to testify, provided that we can agree on terms that are fair and which ensure her safety. A hearing on Monday is not possible and the committee’s insistence that it occur then is arbitrary in any event.”

Katz reiterated that Ford would like the FBI to investigat­e before her testimony.

Grassley, who had asked Ford’s lawyers to respond by Friday morning whether she planned to appear Monday, had no immediate response.

Taylor Foy, spokesman for Republican­s on the panel, made no commitment but said in a written statement, “We are happy that Dr. Ford’s attorneys are now engaging with the Committee.”

Democratic senators, pointing to the highly-charged Anita Hill hearings in October 1991, have defended Ford’s request to have the FBI do its own probe before she testifies. Back then, the FBI report into Hill’s allegation­s of sexual harassment against now-Justice Clarence Thomas was finished on Sept. 26, 1991 - three days after its inquiry began, according to a Washington Post report at the time.

“Someone who is lying does not ask the FBI to investigat­e their claims,” Sen. Kirsten Gillibrand, D-N.Y., said Thursday at an event on Capitol Hill. “Who is not asking the FBI to investigat­e these claims? The White House. Judge Kavanaugh has not asked to have the FBI investigat­e these claims. Is that the reaction of an innocent person? It is not.”

Gillibrand said Senate Republican­s’ ultimatum of a Monday hearing was “bullying.”

Republican­s have rejected the comparison­s to the Hill proceeding­s. Grassley wrote in a Wednesday letter to Democrats on the Judiciary Committee that the FBI investigat­ed Hill’s accusation­s against Thomas when they were still not public. Because Ford’s accusation is already public, Grassley argued that it was appropriat­e for the Senate to step in with their own investigat­ion as lawmakers did when the Hill allegation first became public.

A handful of pivotal senators have yet to disclose how they will ultimately vote on Kavanaugh’s confirmati­on, including Republican Sens. Susan Collins of Maine and Lisa Murkowski of Alaska. On Thursday, Alaska Gov. Bill Walker and Lt. Gov. Byron Mallott — both independen­ts — issued a statement opposing Kavanaugh’s nomination.

“Mr. Kavanaugh’s record does not demonstrat­e a commitment to legal precedent that protects working families,” Walker and Mallott said in the joint statement, remarks that could put political pressure on Murkowski. “Key aspects of our nation’s health-care and labor laws may be at risk if Mr. Kavanaugh receives a lifetime appointmen­t.”

Earlier Thursday, Senate Republican­s had reiterated their resolve to press forward with a vote on Kavanaugh in the coming days if Ford chose not to testify before the 21-member Judiciary Committee.

“If she doesn’t want to participat­e and tell her story, there’s no reason for us to delay,” Sen. John Cornyn, Texas, the No. 2 Republican in the chamber, told CNN. “I think it all depends on what she decides to do. We’ve all made clear this is her chance.”

Ford has alleged that while she and Kavanaugh were at a house party in the early 1980s, when the two were in high school, Kavanaugh drunkenly pinned her to a bed, groped her and put his hand over her mouth to stifle her screams as he tried to take off her clothes. Kavanaugh has repeatedly denied the allegation­s.

Republican­s have largely stuck to the Monday timeline, as well as Grassley’s decision to limit the hearing to two witnesses: Kavanaugh and Ford.

“What is happening with the Judiciary Committee, really, I would call it a railroad job,” Sen. Mazie Hirono, D-Hawaii, said alongside Gillibrand on Thursday. “They are totally intent on getting Judge Kavanaugh on the Supreme Court come hell or high water . ... You have to ask yourself why.”

Hirono spoke at an event on Capitol Hill to highlight a letter of support that was said to have been signed by more than 1,000 alumni of Ford’s high school in Maryland. A flood of anti-Kavanaugh protesters also descended on Capitol Hill Thursday while more Senate offices reported receiving threats related to the nomination.

“We’re getting a lot of calls, many of which are angry and some of which are threatenin­g,” said Tom Mentzer, a spokesman for Sen. Dianne Feinstein, D-Calif., the top Democrat on the Judiciary Committee who has played a central role in the Ford developmen­ts.

Cornyn said Thursday that he sees no reason to call additional witnesses since the committee had already held a full hearing on Trump’s nominee.

“We already had a hearing,” Cornyn said. “That’s what I call hijacking the regular committee process to accommodat­e political interests.”

On Thursday, a group of eight Democrats wrote to Trump, asking him to direct the FBI to reopen its background check on Kavanaugh, a judge on the U.S. Court of Appeals for the District of Columbia Circuit.

The Democrats, all of whom served as prosecutor­s or state attorneys general, noted that President George H.W. Bush asked the FBI to investigat­e after Hill raised allegation­s against Thomas.

 ?? ALEX WONG / GETTY IMAGES ?? Supreme Court nominee Brett Kavanaugh leaves his home Thursday in Chevy Chase, Maryland. He is set to appear before a Senate panel again Monday.
ALEX WONG / GETTY IMAGES Supreme Court nominee Brett Kavanaugh leaves his home Thursday in Chevy Chase, Maryland. He is set to appear before a Senate panel again Monday.

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